Borough of Carlisle, PA Chapter 158 Mobile Food Vending

[HISTORY: Adopted by the Borough Council of the Borough of Carlisle 10-10-2019 by Ord. No. 2346, approved 10-10-2019. Amendments noted where applicable.]

§ 158-1 Legislative background.

A. This chapter is enacted by Borough Council in an effort to evaluate the benefit to the Carlisle community and visitors to the Borough of Carlisle of allowing mobile food vending in the Borough's Central Business District. It is further enacted to provide for mobile food vending in public parks of the Borough. The uses permitted in this chapter are to be distinguished from those already permitted and regulated in the General Industrial zoning district through § 255-96B(27).

B. Although it is intended that this chapter be enacted on a temporary basis, Borough Council reserves the right to terminate, modify or continue indefinitely the provisions of this chapter.

§ 158-2 Definitions.

The following words and phrases when used in this chapter shall have the meanings ascribed to them in this section:

BOROUGH

The Borough of Carlisle.

BOROUGH COUNCIL or COUNCIL

The Borough Council of the Borough of Carlisle.

FIRE OFFICIAL

The Fire Chief for the Borough of Carlisle and the Deputy Fire Chiefs of Union Fire Company No. 1 and Cumberland Goodwill Fire Rescue EMS.

MOBILE FOOD VENDING

The sale of food through a mobile vending unit.

MOBILE FOOD VENDOR or FOOD VENDOR

A person that operates a mobile vending unit under a permit issued by the Borough and who is at least 18 years of age.

MOBILE VENDING UNIT or VENDING UNIT

A movable retail food facility, such as a stand, cart, vehicle, box or similar structure, designed and used specifically for purposes of storing, preparing, processing, distributing or selling food. For purposes of this chapter the following types of mobile vending units will be permitted to be utilized in a vending area:

A. Type 1. This mobile vending unit provides only non-temperature-controlled foods that are prepackaged with no preparation or assembly being required. Examples of foods and drinks provided are bottled or canned drinks, chips, candy and cookies.

B. Type 2. This mobile vending unit provides commercially processed packaged food in its original package. These types of foods are can be stored in temperature-controlled areas on the unit and consist of packaged ice cream, single-serving packaged snacks, packaged milk and similar items.

C. Type 3. This mobile unit provides unpackaged food involving food preparation without a cooking step, food preparation for same-day service involving a cooking step and the reheating of commercially processed food. Examples include hot dogs, grilled sandwiches, salads, shaved ice and kettle corn.

D. Type 4. A Type 4 vending unit is similar to a Type 3 vending unit, but provides what is called a "full menu" and constitutes what the Pennsylvania Department of Agriculture calls a "kitchen on wheels" where any food product can be prepared.

E. A Type 4 vending unit may provide foods provided by a Type 3, Type 2 and Type 1 unit. A Type 2 unit may also provide foods provided by a Type 1 unit and a Type 3 unit may also provide foods provided by a Type 1 and Type 2 unit.

PERSON

A natural person, firm, partnership, limited partnership, limited liability partnership, limited liability corporation, association, corporation, trust or other legal entity.

PRIVATE PROPERTY

Any real property that is privately owned. Private property shall not include any sidewalks, streets, alleys or avenues, whether public or private, that adjoin private property.

VENDING AREA

Mobile food vending units are permitted to be operated when located on private property within the C-1 Central Business District of the Borough, provided a permit is issued by the Borough in accordance with the requirements of this chapter and the owner(s) of the private property signs the permit application noting the owner's consent to the use of the private property.

§ 158-3 Permit requirements.

A. No person may operate a food vending unit in a vending area except with a permit issued by the Borough.

B. The following, among other information, shall be provided with each application for a mobile food vendor permit:

(1) Name, age, address, cell phone number and telephone number of the vending unit operator.

(2) Make, model, and food vending unit type.

(3) Vending unit owner's name, address, cell phone number and telephone number.

(4) Copy of the current license from the Pennsylvania Department of Agriculture (the "license"), and for Type 1 units, proof of inspection.

(5) Proof of valid insurance policy that provides minimum liability coverage of $1,000,000 with the Borough named as additional insured.

(6) Confirmation that the mobile vending unit is equipped with necessary fire extinguishers and equipment as required in § 158-6I through Z, as applicable, and that vending unit operators are trained in the proper use of fire extinguishers and fire extinguishing systems.

(7) Confirmation from the vending unit owner or operator acknowledging that he or she understands and will be bound by the requirements and restrictions in this chapter.

(8) Signature of the owner of the private property consenting to the use of of the private property by the mobile vending unit. By signing the permit application, the property owner is consenting to the Borough staff, Borough police officer or Fire Official entering on to the vending area during permitted hours of operation or thereafter if operation improperly continues after permitted hours, to take such actions that may be taken as noted in this chapter and that may be necessary to ensure compliance with the provisions of this chapter and law.

C. Payment of a permit fee established by Borough Council. This permit fee may be established or changed by Borough Council from time to time by resolution.

§ 158-4 Limitations on permits.

A. The Borough will issue no more than four permits for operation during the times noted in Subsection B, below. Provided the vending area can reasonably accommodate more than one vending unit, as determined in the discretion of the Borough, more than one permit may be issued for the same vending area. All such permits shall be issued on a first come, first serve basis.

B. Permits shall be issued only for operating vending units during the hours of 10:00 p.m. through 2:30 a.m. Friday evening to Saturday morning and 10:00 p.m. through 2:30 a.m. Saturday evening through Sunday morning. Permits may be issued to a food vendor to operate only during one of these time periods or both of these time periods in the same weekend. A single permit will not be issued allowing operation by the same food vendor in consecutive weekends, but the same food vendor may make a separate application each week to operate during consecutive weekends.

C. Permits may be revoked by the Borough at any time for cause or no reason. If a permit is revoked other than due to an emergency or violation of a requirement of this chapter, reasonable notice will be given to the operator or owner of the vending unit of revocation and the permit fee will be refunded in part.

D. Permits are not transferrable or assignable.

§ 158-5 Vending locations within the vending area.

A. Operation of a food vending unit shall be within the vending area approved in the permit issued by the Borough.

B. All vending units shall be located on private property at a location that does not impede or interfere with pedestrian use of the sidewalk or the operation of vehicles on private or public streets, alleys or avenues. No vending unit shall block adequate sight distance for vehicles or pedestrians at intersections.

C. The specific location of the vending unit in a vending area may be subject to change at the discretion of Borough staff or a Borough police officer when deemed appropriate.

§ 158-6 Operation requirements.

Mobile food vendors as well as owners of a mobile food unit being operated, shall be subject to the following requirements:

A. Food service may only be provided to walk-up customers. No service shall be provided to persons in or on motor vehicles or from the cartway of the street or bike lane.

B. The placement of tables, chairs or the creation of customer seating areas or the use of any other items not permanently attached to and a part of the vending unit is prohibited. Only trash receptacles provided by the food vendor are permitted.

C. Food vendors shall provide for adequate waste collection for customers. All trash, litter, debris, liquid waste and grease must be collected, removed from the vending area and properly disposed of by the food vendor or private property owner. Use of public trash receptacles, storm drains, tree pits, sidewalks, streets or any other public facilities by the vendor for disposal of trash or liquid is prohibited.

D. Signs are prohibited, except signs that are affixed to the vending unit.

E. Broadcasted music, announcements and public address systems are prohibited.

F. The food vendor's license and permit, if not displayed, shall be available for inspection by Borough staff or a Borough police officer at request during operation.

G. The sale of items from the vending unit other than consumable food and/or drink is prohibited.

H. Food vendors must operate in a safe, sanitary and nonoffensive manner.

I. All mobile vending units capable of cooking or heating food shall be equipped with a 2A10BC rated fire extinguisher mounted in an accessible and conspicuous location where food is heated or cooked.

J. All mobile vending units equipped with a portable or integrated generator shall have a 3A40BC rated fire extinguisher in addition to any other required extinguishers.

K. All mobile vending units required to have a hood suppression system shall be equipped with a Class K fire extinguisher.

L. All required fire extinguishers shall be serviced and inspected annually in accordance with the requirements of the latest edition of NFPA 10.

M. All mobile food vehicles that contain cooking equipment that is capable of creating grease laden vapors shall be equipped with Type 1 commercial hood in accordance with the requirements of the most recent edition of NFPA 96.

N. All Type 1 hood systems shall be equipped with an approved hood suppression system meeting the requirements of the latest edition of NFPA 96.

O. Hood suppression systems shall be serviced and inspected every six months.

P. All appliances capable of producing grease laden vapors shall be located completely under the kitchen exhaust hood with no portion of the appliance extending beyond the outer edge of the hood.

Q. All cooking appliances shall be listed by Underwriters Laboratories or NSF International for mobile applications, for the appropriate fuel and be clearly marked with the appropriate certification sticker(s).

R. All deep-fat fryers shall be equipped with a lid over the oil vat that can be secured to prevent spillage of cooking oil/fat during transit. This lid shall be secured at all times the vehicle is in motion.

S. All deep-fat fryers shall be equipped with an eight-inch-high steel baffle between the fryer and surface flames of any adjacent appliances.

T. No more than two 100-pound LPG/LNG tanks shall be permitted on any mobile vending unit.

U. Generator and LPG/LNG storage compartments shall be located on the exterior of the vehicle and shall be vented to the exterior and shall not allow any venting to the interior of the vehicle.

V. LPG/LNG cylinders shall be mounted so that safety release valves are directed away from the vehicle.

W. When LPG/LNG cylinders and/or compartments are located on the rear of the vehicle, the bumper shall extend beyond the cylinders or compartment to provide added impact protection.

X. The storage of LPG/LNG cylinders inside of the vehicle is expressly forbidden.

Y. Any hose(s) used to pipe LPG/LNG shall be UL or FM listed specifically for LPG service and all couplings, fittings, and other devices shall meet the requirements for LPG/LNG service as outlined in the most current edition of the International Fuel Gas Code.

Z. A conspicuous "no smoking" sign shall be posted adjacent to LPG/LNG cylinders.

AA. No food vending unit may be operated within 10 feet of any building, structure or other vehicle.

§ 158-7 Operation of food vending units in Borough parks.

A. Permit requirement. No person may operate a food vending unit in a public park of the Borough except with a permit issued by the Borough after approval by the Director of Parks and Recreation (the "Director") or her or his designee. The operation of a food vending unit in a Borough park must be in conjunction with a scheduled public event or other activity for which the sale of food through a mobile vending unit is an appropriate accompaniment.

B. Type 1, Type 2, Type 3 and Type 4 mobile vending units shall be permitted to operate in Borough Parks when properly permitted.

C. Each application for a mobile vendor permit for operation in a Borough park shall include the information required in § 158-3B and include a specific location, date, time and description of the event at which the operator of the vending unit proposes to operate. Such an application must be submitted at least 10 days prior to the date of the event and must include the permit fee required by § 158-3C.

D. The issuance of permit for a mobile vendor permit, the number of such permits, the number and types of vending units and the location where a vending unit may be operated and for what length of time in a Borough park is solely within the discretion of the Director or her or his designee.

E. The issuance of a permit to operate a food vending unit in a Borough park is subject to the following requirements:

(1) § 158-4C, concerning revocation of permits.

(2) § 158-4D, concerning nontransferability or assignment of permits.

(3) § 158-5C, with the location being subject to change at the discretion of the Director, a Borough police officer or a Fire Official when deemed appropriate.

(4) § 158-6A through AA.

(5) The mobile vending unit may not use water available for use by the public at the park for purposes of food preparation or cleaning.

§ 158-8 Denial or revocation of permit.

A. A permit shall be denied or revoked if:

(1) The application submitted has not been fully completed and executed and all information required by this chapter not provided.

(2) The application contains a material falsehood or misrepresentation.

(3) Either the applicant or the person on whose behalf the application was submitted has on a prior occasion had a permit revoked due to a violation of any requirement of this chapter.

(4) The food vendor or owner of the vending unit is in violation of any provision of this chapter as determined by Borough staff, the Chief of Police or Fire Official.

(5) In accordance with § 158-4C.

B. Notice of the denial or revocation shall be given to the applicant or the person to whom the permit was issued.

§ 158-9 Appeals.

A. Any person aggrieved by the denial of a permit application or the revocation of a permit shall have the right to appeal the denial or revocation by sending a letter to the Borough Manager or Assistant Borough Manager requesting that the Manager or Assistant Borough Manager hear an appeal on the decision to deny an application for a permit or revoke a permit.

B. The letter must be sent by certified mail or hand delivered to the Office of the Borough Manager within 10 days from the date on which the applicant received notice of the denial or revocation. The Borough Manager or Assistant Borough Manager shall render a decision on the appeal, in writing, within 10 days of receipt of the appeal. The applicant may appeal the Borough Manager's or Assistant Borough Manager's decision to the Court of Common Pleas of Cumberland County within 30 days of the written decision if not satisfied with the decision rendered.

§ 158-10 Violations and penalties.

A. In addition to revocation of any permit issued as noted in § 158-8, any person who or which shall violate any provision of this chapter shall upon conviction pay a fine of not more than $1,000 and costs of prosecution and reasonable attorney's fees, and in default of such payment, be sentenced to imprisonment to the extent allowed by law for the punishment of a summary offense. Each day that a violation of this chapter occurs shall be considered a separate offense.

B. The provisions of this chapter shall be enforced by the Codes Enforcement Officer or his or her designee and any police officer of the Borough of Carlisle Police Department or a Fire Official.

§ 158-11 Special events permits.

The requirements of this chapter shall not apply to any food vending activities permitted through the issuance of a special event permit by Borough Council pursuant to § 244-5C.